Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the services provided by Rise Electrical Group Pty Ltd (ABN 76 703 393 140) (“we”, “us”, “our”), including professional business and consulting services delivered through our website at https://riseelectricalgroup.online and in person. By engaging our services, submitting an enquiry, or requesting a quote, you agree to be bound by these Terms.

2. Our Services

We provide professional business and consulting services, which may include advisory, planning, analysis, project coordination and related support services. The specific scope, deliverables, timelines and fees applicable to your engagement will be set out in a written proposal, engagement letter, statement of work or quote provided to you before work commences. Where there is any inconsistency between these Terms and a signed engagement document, the engagement document will prevail to the extent of the inconsistency.

3. Quotes and Engagement

• All quotes provided by us are valid for thirty (30) days from the date of issue unless otherwise stated in writing.
• A quote is an estimate of fees based on the information available at the time it is prepared. If the scope of work changes or additional information affects the work required, we may revise the quote and will seek your approval before proceeding.
• An engagement is formed when you accept a quote or engagement document in writing (including by email) or when work commences at your request.
• Deposits or progress payments may be required before commencement, as specified in your quote or engagement document.

4. Fees and Payment

• Fees are payable in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST is payable in addition at the prevailing rate where applicable.
• Invoices are payable within the period stated on the invoice, which is typically fourteen (14) days from the date of issue.
• Overdue amounts may attract interest and reasonable recovery costs as permitted by law.
• You may not withhold payment or set off amounts against invoices except where required by law.

5. Your Responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide accurate, complete and timely information, documents and access reasonably required by us;
• Respond to requests for feedback, decisions or approvals within a reasonable timeframe;
• Ensure that any materials or information you supply do not infringe the rights of any third party; and
• Comply with all applicable laws in connection with the engagement.

Delays caused by a failure to meet these responsibilities may affect timelines and, where applicable, may result in additional fees.

6. Intellectual Property

All intellectual property rights in our methodologies, frameworks, templates, tools and pre-existing materials remain our property or the property of our licensors. Upon full payment of all amounts due, you are granted a perpetual, non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your internal business purposes. You may not resell, redistribute or publish our deliverables without our prior written consent.

7. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulatory authority.

8. Privacy

We handle personal information in accordance with our Privacy Policy. By engaging our services, you consent to the collection, use and disclosure of your personal information as described in that policy.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a remedy, including a refund, replacement or compensation, for services that fail to meet these guarantees.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our liability for any breach of these Terms, any condition or warranty implied by law, or in connection with the services, is limited, at our option, to the resupply of the services or the payment of the cost of having the services resupplied;
• We are not liable for indirect, incidental, special or consequential losses, including loss of profits, revenue, goodwill or data, however caused;
• Subject to the preceding paragraphs, our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for the services giving rise to the claim.

This clause does not limit liability that cannot lawfully be limited, including liability for fraud or for breaches of consumer guarantees that cannot lawfully be excluded.

11. Third-Party Materials

Where we rely on third-party data, software, platforms or providers as part of the services, we do so on the basis that those parties provide their materials on their own terms. We are not responsible for the availability, accuracy or ongoing operation of third-party services outside our reasonable control.

12. Suspension and Termination

• Either party may terminate an engagement by providing written notice in accordance with the applicable engagement document.
• We may suspend or terminate services immediately if you fail to pay amounts due, materially breach these Terms, or if continuing the engagement would place us in breach of the law.
• Upon termination, you remain liable for all fees for services performed up to the date of termination, and any unpaid amounts become immediately due and payable.

13. Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, utility or communications failures, or changes in law.

14. Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve the matter in good faith through direct negotiation. If the dispute is not resolved within thirty (30) days, either party may refer the matter to mediation in Victoria before commencing court proceedings, except where urgent injunctive relief is required.

15. General

• These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right under these Terms is not a waiver of that right.
• We may update these Terms from time to time. The current version published on this website applies to any engagement commenced after publication.

16. Contact

Questions about these Terms can be directed to Rise Electrical Group Pty Ltd (ABN 76 703 393 140) by email at ceo@riseelectricalgroup.online.

Last updated: January 2025